Little Effect On Topeka (5/18/54)

Posted: Tuesday, March 16, 2004

By The Capital-Journal

The Supreme Court of the United States Monday declared unconstitutional an 1879 Kansas Law allowing for segregation of Negroes and white elementary students in first class cities, but it appeared that the historic ruling will have no effect on Topeka schools where a movement to end segregation has been underway since September 1953. Similar movements are afoot in Salina and Atchison.

The Supreme Court ruling also overthrew a 1908 amendment to the 1879 law allowing Kansas City to segregate high school students.

Topeka Board of Education, along with the State of Kansas, was defendant in the original action. Other defendants before the Supreme Court were South Carolina, Virginia, Delaware, and the District of Columbia.

A U.S. District Court had found that segregation in public education has a detrimental effect upon Negro children, but denied relief on the ground that the Negro and white schools were substantially equal with respect to buildings, transportation, curricula and educational qualifications for teachers.

Other first class Kansas cities practicing segregation are Coffeyville, Fort Scott, Leavenworth, Parsons, and Lawrence. Baxter Springs, Bonner Springs, Chetopa, Manhattan, Oswego, Olathe, Paola, and Ellinwood, while not in first class cities, have in the past also had segregation.

Some 10 Negro students in the Randolph and Southwest School Districts were integrated for the 1953-54 school year. The Topeka Board of Education has 113 more students in 12 other districts for the 1954-55 year.

Five other elementary schools remain to be integrated. They are Lafayette, Lincoln, Parkdale, Van Buren and Lowman Hill.

The four all-Negro schools, McKinley, Buchanan, Monroe and Washington, will have an estimated enrollment of 711 for the 1954-55 school year. Before integration there were 824 students.

The Supreme Court's decision will have no effect on rural schools in Shawnee County.

Clifford Watson, county superintendent, said segregation is not practiced in the rural elementary and high schools.

The ruling of the Supreme Court was hailed by Topeka school officials.

Jacob Dickinson, president of the Board of Education, said the decision "is the finest spirit of the law and true democracy."

"In my opinion the court has been very wise in deciding the basic question and then calling for further discussion by all parties, as to orderly add reasonable application of the ruling," Dickinson, an attorney, said.

"The Topeka Board of Education will of course continue the implementation of its policy to terminate the maintenance of segregation in the elementary grades as rapidly as practicable," he added.

Wendell Godwin, superintendent of Topeka schools, said that although he hasn't studied the high court's opinion, "I imagine segregation will be terminated in Topeka before the Supreme Court decides when and how it should be done."

Prominent Topeka Negroes also hailed the opinion.

M.L. Burnett, president of the Topeka branch of the National Association for the Advancement of Colored People, which assisted in carrying the Topeka case to the Supreme Court, said, "I must say I'm completely overwhelmed."

"However, I will say thank God for the Supreme Court," he added. He said that although the high court did not set a time and means, it has "broken the back of segregation" with its ruling.

"Since they have gone so far as to revise the former decision, we can leave it to them to abolish segregation as soon as practicable and by the best means," Burnett declared.

Burnett said the Topeka NAACP has planned a celebration for 8:15 p.m. today at Monroe School.

Another of the appellants, the Rev. Oliver L. Brown, pastor of St. Mark's AME Church said, "I personally feel that this case has a deep bearing upon the hearts of our teachers. Certainly we must make an effort for them also, for there are many I know are capable of teaching anywhere.

"Secondly, I feel that this decision holds a better future not only for one family, but for every child indicated. This will, no doubt, bring about a better understanding of our racial situation and will eliminate the inferiority complexes of children of school age.

"Every citizen of the United States needs equal education in order that the society in which we live may be met with intelligence. Such things as segregation have a tendency to shatter the morale of the people and leave a gap for communism to try to creep in. We must eliminate that by unity." the Rev. Mr. Brown concluded.

"I'm wonderfully happy about the decision, I think it is a great step forward to better relations between the races," said Mrs. Alvin Todd, another party to the case.

"We may have a long time to go before segregation is actually abolished, but we're just thankful to have come this far. The very fact that segregation was ruled illegal means a great deal, regardless of the machinery that must now be set up," she added.

Kansas Attorney General Harold R. Fatzer said the ruling "will give effectiveness to a resolution by the Topeka Board of Education to abolish segregation as soon as practicable throughout the city's school system."

He added that the state has never argued the validity of segregation -- only the state's right to regulate their own schools by state legislation.

He pointed out that Wichita and Pittsburg have already done away with segregation.

State officials have previously said schools could probably comply with such a ruling by the court within two years.

Fatzer said his office will see that the ruling will be complied with to the fullest.

"I feel certain that every school administration in Kansas will take such steps as are necessary to abolish segregation in their systems consistent with facilities and funds available," Fatzer said.